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Accelerated Possession Orders

What is an Accelerated Possession Order

An accelerated possession order is sought by a
landlord when he wants to take a property back into his possession,
usually to avoid large losses as a result of a tenant who refuses to
pay rent or is unable to continue doing so.

When can a landlord apply for an Accelerated
Possession Order

Before a landlord can apply to the court to
obtain a possession order they must firstly have served what is
known as a section 21 notice on the tenant which lets them know that
the landlord requires possession and gives the tenant 2 months
notice to quit the property. The 2 month period has to expire before
the landlord makes an application to the court. Further, there must
also be a written tenancy agreement
(this is a contract between the landlord and the tenant) in
existence and it is therefore important to note here that a verbal
agreement is not sufficient in order to make an application for an
accelerated possession order.

If a landlord has made an application for this
type of order it means that the tenant will have signed an assured
shorthold tenancy agreement meaning that the landlord will not have
to show any of the grounds for possession that would have to be
shown if the tenant had instead signed an assured tenancy. This thus
means that, the latter agreement (assured tenancy agreement)
provides the tenant more protection in the circumstances where a
landlord wants to regain possession of the property in which the
tenant lives in.

What will the court take into consideration

The court will not consider whether it is
reasonable or fair to make the order and there will not usually be a
court hearing for the granting of accelerated possession orders
unless:

The court is not satisfied that all
procedures have been complied with in the application process
or;

The tenant makes a case for exceptional
hardship

In the circumstances where a case for
exceptional hardship has been made, possession may be delayed for a
period of up to 6 weeks. If neither of the above grounds are made
out by the tenant however, a possession order will usually take
immediate effect as from the time that the court grants it.

What procedure will be followed for the
application for these orders

To begin with, the landlord should make an
application to the county court which is situated in the district
within which the property is located. Form N5B is to be filled out
and filed with the court and, a copy of the section 21 notice which
was served on the tenant giving 2 months notice must be exhibited
with the court papers. Once the tenant receives the court documents
he must file a defence within 14 days. Failure to file the defence
within that time period means that the landlord can then request
that the accelerated possession order be made.

What do I do if an application for an
Accelerated Possession Order has been made against me

In the event that an application for an
accelerated possession order has been made against you, you must
begin by reading the documents sent to you very carefully before
sending back a response. If for any reason you do not understand the
form or you need help completing it, you should consider getting
advice from a Solicitor or any other
relevant body, such as the Citizensí Advice Bureau, immediately. The
court may, as mentioned above, take into consideration any
circumstances that make up a case for exceptional hardship (s.89
Housing Act 1980). The following circumstances are examples of
exceptional hardship:

If there are any children involved and
alternative accommodation cannot be accessed immediately or;

If you or any other member of the
household is ill or pregnant or;

If you or any other member of the
household has a disability.

This list is not exhaustive but, the
circumstances outlined are the most common grounds for constructing
an exceptional hardship defence.

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